The court holds that res judicata bars a manufacturer's declaratory relief action seeking a declaration that insurers must indemnify the manufacturer for claims brought against it for harm caused by the discharge of chemicals to groundwater at a California site. In a prior action, a court held that ...

The court upholds the U.S. Fish and Wildlife Service's (FWS') denial of Missouri's Freedom of Information Act (FOIA) request for certain documents produced by a nonprofit corporation involved in the conservation and protection of the Missouri River. The corporation is made up of fish and wildlife co...

The court holds that county ordinance provisions directing solid waste to designated in-state facilities do not discriminate against interstate commerce; however, provisions that prevent the delivery of waste to out-of-state processors violate the U.S. Commerce Clause. The court first holds that the...

The court holds that the state of Texas met the requirements for intervention as of right in various capacities in an action where an environmental group brought suit under the Endangered Species Act to enjoin various parties who pump water from the Edwards aquifer. The court first holds that the de...

The court affirms in part and reverses in part a district court decision on trespass, nuisance, strict liability, and negligence claims brought by property owners in Mississippi against a tire factory for the alleged release of carbon black and petroleum naptha. The court first holds that the simila...

The court holds that the U.S. Forest Service's management of national forests in Texas violates the National Forest Management Act (NFMA) and its regulations. As a result of these violations, the court enjoins the Forest Service from engaging in timber harvesting under any method until such time tha...

Applying Wisconsin law, the court holds that the environmental investigation costs incurred by a utility company at two sites it previously owned are not damages under the company's comprehensive general liability (CGL) policies. Wisconsin courts interpret the word "damages" in CGL clauses narrowly ...

The court holds that a nonsettling potentially responsible party (PRP) must pay a portion of past and future remediation costs incurred by settling PRPs at the Sullivan's Ledge site in New Bedford, Massachusetts. Relying on the jury's findings, the court first holds that the nonsettling party must p...

The court holds that a general liability insurance policy's pollution exclusion clause does not bar coverage for losses resulting from the addition of a foreign substance to crude oil travelling through a pipeline. An oil company that settled a claim made by a refinery due to an explosion caused by ...

The court holds that a railroad company lessor is barred from recovering economic losses and property damages associated with hazardous waste contamination on its leased site. The court first holds that the lessor's claim for economic losses and property damages under the Minnesota Environmental Res...